Effective: June 15th, 2022
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template purchased from SEQ Legal (https://seqlegal.com).
3. Copyright notice
3.1 Copyright (c) 2019 yourDNAportal Limited
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a mobile application,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Paragraph 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Paragraph 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an account on our website under this Paragraph 6, you must be resident or situated in a territory where use of our web site is not illegal.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a username and password.
7.2 Your username must not be liable to mislead and must comply with the content rules set out in Paragraph 10; you must not use your account or username for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account by writing to us, or via the profile management and user settings features on the web site.
9.1 To purchase our website services, you must pay the applicable fees after you have registered for an account with our website. An on-screen acknowledgement of the purchase will be displayed by the website. The contract between us for the supply of the website services shall come into force upon the issue of the order acknowledgement.
9.2 You will have the opportunity to identify and correct input errors prior to making your order by following the on-screen guidance, where applicable.
9.3 The services available for purchase through our website are the running of genetic calculators and any other services that we may deem worth of interest. The detailed specification for services that you purchase through our website will be as set out on the website at the time that you make the purchase.
10.1 The fees in respect of our website services will be as set out on the website from time to time.
10.2 All amounts stated in these terms and conditions or on our website are stated inclusive of applicable VAT and/or sales tax.
10.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
10.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
10.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
10.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Paragraph 10.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Paragraph 10.6.
10.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
10.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
11. Distance contracts: cancellation right
11.1 This Paragraph 11 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
11.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into, subject to Paragraph 11.3. You do not have to give any reason for your withdrawal or cancellation.
11.3 You agree that we may begin the provision of services before the expiry of the period referred to in Paragraph 11.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
(a) if the services are fully performed, you will lose the right to cancel referred to in Paragraph 11.2;
(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Paragraph 11.
11.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Paragraph 11, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the contact us form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
11.5 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Paragraph 11, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Paragraph 11.
11.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
11.7 We will process the refund due to you as a result of a cancellation on the basis described in this Paragraph 11 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
11.8 You agree that you will not be entitled to a refund for any of the purchased services if you cancel or reset your account.
12. Your content – non genetic data: licence
12.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website, excluding the genetic data that you upload to our web site or systems.
12.2 You grant to us a worldwide, irrevocable, non-exclusive, perpetual, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
12.3 You grant to us the right to sub-license the rights licensed under Paragraph 12.2.
12.4 You grant to us the right to bring an action for infringement of the rights licensed under Paragraph 12.2.
12.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
12.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
12.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
13. Your content - non genetic data: rules
13.1 You warrant and represent that your content will comply with these terms and conditions.
13.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
13.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be in breach of official secrets legislation;
(j) be in breach of any contractual obligation owed to any person;
(k) depict violence in an explicit, graphic or gratuitous manner;
(l) be pornographic, lewd, suggestive or sexually explicit;
(m) be untrue, false, inaccurate or misleading;
(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(o) constitute spam;
(p) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(q) cause annoyance, inconvenience or needless anxiety to any person.
14. Your content - genetic data: licence
14.1 In order to use the genetic health and genetic ethnicity calculators on this web site you need to upload your genome data to the web site. By uploading your genome data you agree to grant yourDNAportal Limited and its appointed subcontractors a non-exclusive, irrevocable, worldwide, royalty-free and perpetual licence to process and use your genome data to perform the services provided by yourDNAportal Limited.
14.2 You can revoke this licence by asking us in writing to terminate your user account and delete your data.
14.3 You agree that you will not upload any content other than your own genome data.
15. Limited warranties
15.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the results information produced by the calculators on the website is true, accurate, complete, current or non-misleading; or
(d) that the website or any service on the website will remain available.
15.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
15.3 To the maximum extent permitted by applicable law and subject to Paragraph 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
16. Limitations and exclusions of liability
16.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
16.2 The limitations and exclusions of liability set out in this Paragraph 13 and elsewhere in these terms and conditions:
(a) are subject to Paragraph 16.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
16.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
16.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
16.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
16.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
16.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
16.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
16.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) GBP 10.00 and
(b) the total amount paid and payable to us under the contract.
16.10 By using this website you acknowledge and agree to the following:
(a) yourDNAportal Limited does not diagnose any medical condition.
(b) The tests provided by yourDNAportal Limited are not diagnostic tests, and their results are for information purposes only.
(c) You will not make a decision on your health or that of your family based on the results provided to you by yourDNAportal Limited. You must not rely on the information on our website as an alternative to medical advice from your doctor or professional health care provider.
(d) If you are concerned or have questions about what those mean for you and your family you must consult with your doctor or a professional healthcare provider.
(e) If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
(f) If you think you may be suffering from any medical condition, you should seek immediate medical attention.
(g) You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
16.11 By using the interactive communications features of this website you acknowledge and agree to the following:
(a) Our website includes interactive features that allow users to communicate with us.
(b) You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
(c) Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
17.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
18. Breaches of these terms and conditions
18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
18.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
19. Third party websites
19.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
19.2 We have no control over third party websites and their contents, and subject to Paragraph 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
20.1 We may revise these terms and conditions from time to time.
20.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
21.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
22.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23. Third party rights
23.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
23.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
24. Entire agreement
24.1 Subject to Paragraph 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
25. Law and jurisdiction
25.1 These terms and conditions shall be governed by and construed in accordance with English law.
25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
26. Our details
26.1 This website is owned and operated by yourDNAportal Limited.
26.2 We are registered in England and Wales under registration number 11099641, and our registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ. UK VAT Registration Number: 413 3672 18
26.3 We are registered with the UK Information Commissioner's Office.
26.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by email, using the following email address: firstname.lastname@example.org